Author Archives: Tom Egan

Where (1) a real estate valuation witness’s sales comparison analysis provided little if any credible evidence of the subject property’s fair cash value for the fiscal year at issue and (2) his income capitalization analysis was substantially flawed, the landowner ...

Where the defendant Commissioner of Social Security has cited two cases to demonstrate that the court’s order to remand his case was a manifest error of law, his case is distinguishable because he filed contemporaneous applications for social security disability ...

Where the petitioner challenges his first-degree murder conviction, his petition for habeas relief must be denied despite his contentions that (1) he did not waive his Sixth Amendment right to testify, (2) his trial counsel was ineffective and (3) the ...

The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases. Although the decisions do not appear to address any substantive issues of law, the full text of each decision may be ordered using the appropriate “Lawyers ...

Where a defendant was convicted of conspiracy to import cocaine, his conviction must be affirmed despite a suggestive procedure under which an informant identified the defendant from a photographic array. “[Defendant Gustavo] Castro-Caicedo’s lead challenge is to one piece of ...

Where a defendant was awarded summary judgment on a plaintiff’s defamation complaint, the judgment must be affirmed despite the plaintiff’s claim that the defendant overstated the extent of the plaintiff’s theft. “Thomas Locke, a former US Airways mechanic, claims that ...

Where (1) an individual was shot and killed by a defendant Framingham police officer during the execution of a search warrant and (2) the co-administrators of the decedent’s estate have brought suit on behalf of the estate against the officer ...

Where a law firm seeks to enforce a lien based on the fees incurred in representing a Chapter 7 debtor during a California court proceeding involving the ownership interests in a New York cooperative apartment, the claim must be disallowed ...

Where a judge applied the wrong causation standard when she denied an employee’s claim for a psychiatric injury stemming from a work-related physical injury, her finding that the employee’s “Major Depressive Disorder and Anxiety Disorder” was not compensable must be ...

Where the Worcester assessors failed to properly consider the relatively short length and lesser quality of the subject parcel’s water frontage, its steep slope and drop-off to the water, its location opposite high traffic and the seasonally congested parking area, ...